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Judge denies motion for mistrial

Youngstown shooting victim recalls day her husband was murdered

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Kevin Agee Kevin Agee

Seventy-seven-year-old Jacqueline Repchic recounted to jurors the events of September 25, 2010 when she and her husband were shot while driving on the south side of Youngstown.

Repchic was the second witness to take the stand Wednesday in the capital murder trial of 33-year-old Aubrey Toney, who allegedly fired the shots that wounded her, and claimed the life of her 74-year-old husband, Thomas.

Jacqueline Repchic, who was 74-years-old at the time of the shooting, told jurors that she and her husband were driving home from Saint Dominic Church, when she heard three pinging sounds.

She then said that her husband stopped talking and she fell out of the car. She also told the jury that she noticed that her foot was gone. 

Under cross examination from defense attorney John Juhasz,  Repchic said she did not see anyone fire the shots.

Photojournalists were allowed to record the audio of Repchic's testimony, but she asked that they refrain from shooting video of her.

Repchic was preceded on the stand by her grandson Thomas McBride, who testified that the family was preparing for a wedding the day of the shootings.

Before witnesses began testifying, Toney addressed the jury.  He asked jurors to keep an open mind.  Toney acknowledged that the case is filled with sadness and emotion, but cautioned jurors against rushing to judgement.

Toney said he was not responsible for the shootings, adding that he was no where near the scene of the crime on the date it occurred.

If convicted, Toney could be sentenced to death.

Two years ago, Kevin Agee was sentenced to 39 years to life in prison after he was convicted of murder and attempted murder for driving the car from which the shots were allegedly fired.

Agee has been lodged in the Mahoning County jail since May 5, when he was brought from the Mansfield Correctional Institution where he is serving his sentence.

On Tuesday, Judge Maureen Sweeney denied a motion for a mistrial filed by defense attorney Juhasz who argued that the jury pool had been tainted because a potential juror was overheard discussing the defendant.

The judge decided that remaining jurors were not influenced by any possible statements made during the month long selection process.

Court officials expect the trial to last until the middle of next week.

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